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INVERSIONES BRINDISI S.A. v. O'CONNOR

No. 84-503.

454 So.2d 67 (1984)

INVERSIONES BRINDISI, S.A., Appellant, v. John E. O'CONNOR, Jr., Philip J. Chastain, Marion F. Sellick, T.J. Morrison, Elizabeth Morrison, Esten A. Ulmer, Benedict Harrow, and W.J. McLeod, Jr., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 12, 1984.

Attorney(s) appearing for the Case

Paul, Landy, Beiley & Harper and Barry D. Hunter, Miami, for appellant.

Mershon, Sawyer, Johnston, Dunwody & Cole and Jeffrey R. Surlas and Richard M. Bezold, Miami, for appellees.

Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.

PER CURIAM.

Affirmed on the authority of the

universal [rule] that where one makes a payment of any sum under a claim of right with knowledge of the facts such a payment is voluntary and cannot be recovered. Blumenthal v. United States, D.C.S.D.Cal. 1925, 4 F.2d 808; Deppe v. Lufkin, 1 Cir., 1940, 116 F.2d 483; 40 Am.Jur., Payment, § 155, citing many cases.

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